A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On June 24, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court, and a summary order of KRW 5 million for the same crime at the Seoul Southern District Court on July 30, 2013, respectively.

【Criminal Facts】 The Defendant, as a person who had a record of driving under the influence of alcohol twice or more as above, driven a D-Wz car in the state of alcohol of about 20km from the front day of Mapo-gu Seoul Metropolitan Government to the roads adjacent to Pakistan-si, and of about 0.153% of the blood alcohol concentration, around May 23, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been sentenced to a fine twice due to drunk driving, but re-driving a motor vehicle.

On the other hand, it is against the defendant's wrong recognition.

Alongly, it was limited to a simple drinking driving without any human or material damage.

The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of this case, such as the circumstances mentioned above, the driving distance, the blood alcohol concentration at the time, the time and distance between the crime of drinking alcohol and the crime of drinking alcohol in this case, the time distance between the crime of drinking alcohol in the past and the crime of drinking alcohol in this case, the age, character and conduct